Final Minutes for July 13-14, 2011 - SBE Minutes (CA State ...



FINAL MINUTES

State Board of Education

July 13-14, 2011

Please note that the complete proceedings of the July 13-14, 2011, State Board of Education meeting, including closed-captioning, are available online at: .

Members Present:

Michael W. Kirst, President

Trish Williams, Vice President

James Aschwanden

Yvonne Chan

Carl Cohn

Aida Molina

James C. Ramos

Patricia A. Rucker

Ilene W. Straus

Members Absent:

None.

Secretary and Executive Officer

Tom Torlakson, State Superintendent of Public Instruction

Principal Staff

Sue Burr, Executive Director, SBE

Patricia de Cos, Deputy Executive Director, SBE

Judy Cias, Chief Counsel, SBE

Camille Esch, Principal Education Policy Consultant, SBE

Beth Rice, Education Programs Consultant, SBE

Richard Zeiger, Chief Deputy Superintendent, CDE

Amy Holloway, General Counsel, CDE

Mary Prather, Education Administrator I, CDE

Michelle Zumot, Education Policy Consultant, CDE

Public Session

July 14, 2011

CLOSED SESSION

There was no Closed Session.

Item 1: Parent Empowerment

Approve Commencement of a Third 15-day Public Comment Period for Proposed Additions to the California Code of Regulations, Title 5, Sections 4800–4808.

ACTION: Member Williams moved to:

• Approve the changes to the proposed regulations as recommended by SBE staff in Attachment 1 of Item Addendum 1;

• Direct that the proposed changes be circulated for a third 15-day public comment period in accordance with the Administrative Procedure Act;

• If no relevant comments to the proposed changes are received during the third 15-day public comment period, the proposed regulations with changes are deemed adopted, and the California Department of Education (CDE) is directed to complete the rulemaking package and submit it to the Office of Administrative Law (OAL) for approval;

• If any relevant comments to the proposed changes are received during the third 15-day public comment period, CDE is directed to place the proposed regulations on the SBE’s September 2011 agenda for action; and

• Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file.

Member Ramos seconded the motion.

Yes votes: Members Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No votes: None.

Item 2: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs.

No action was taken on this item.

Item 3: Elementary and Secondary Education Act: School Improvement Grant: Approval of Renewal of Funding for Year 2 of Cohort 1 Fiscal Year 2009 Local Educational Agencies and Schools for the Sub-Grants Under Section 1003(g).

ACTION: Member Aschwanden moved to approve the list of Cohort 1 local educational agencies (LEAs) and schools for renewal of the fiscal year (FY) 2009 School Improvement Grant (SIG) Sub-grants, contingent on schools implementing all required elements of the SIG program on the first day of school year 2011-12.

Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No votes: None.

Item 4: Elementary and Secondary Education Act: Request a Waiver Under Title I, Part A Section 9401 to Carry Over 100 Percent of the Fiscal Year 2010 School Improvement Grant Allocation.

ACTION: Member Aschwanden moved to request a waiver from the U.S. Department of Education, as recommended by CDE, to carry over 100 percent of the Fiscal Year (FY) 2010–11 School Improvement Grant (SIG) allocation to be awarded along with the FY 2011 allocation for awards beginning in the 2012–13 school year. The FY 2010 and FY 2011 funds will be combined to award sub-grants for the first two years of the three-year grant period (2012–13 and 2013–14 school years); the third year (2014–15) of the grant award period will be funded using FY 2012 allocation.

Member Rucker seconded the motion.

Yes votes: Members Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No votes: None.

Item 5: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2011-13 State Board of Education-Approved Supplemental Educational Services Provider List.

ACTION: Member Cohn moved to adopt the CDE’s recommendation to approve 75 additional SES providers from the second 2011 RFA process for a two-year period beginning July 1, 2011, through June 30, 2013.  This includes conditional approval for 16 LEAs identified for improvement or corrective action pending notification of approval of the waiver from the Department of Education (requested in Item 4).

Member Molina seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No votes: None.

Not present: Member Ramos.

Item 6: Inclusion of Middle School Dropouts in the Academic Performance Index – Adopt Amendments to California Code of Regulations, Title 5, Section 1039.1.

This item was moved to the Consent Calendar and approved as recommended by CDE staff.

Item 7: California English Language Development Test Program: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, Sections 11510 Through 11517.5.

ACTION: Member Cohn moved to adopt CDE staff’s recommendation to:

• Approve the Notice of Proposed Rulemaking;

• Approve the Initial Statement of Reasons;

• Approve the proposed regulations; and

• Direct the CDE to commence the rulemaking process.

Member Aschwanden seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Molina, Rucker.

No votes: None.

Not present: Members Ramos, Straus

WAIVER REQUEST CONSENT AND WAIVERS ON PROPOSED CONSENT

The following agenda items satisfy criteria for approving a waiver of that type based on a previously-adopted State Board of Education waiver policy or have waiver evaluation criteria that are in the California Education Code EC or in the California Code of Regulations, CCR, Title 5.

The following agenda items were proposed for approval on the waiver consent calendar: WC-1 through WC-8 and WC-10 through WC-17. The following additional waivers were proposed for consent: W-4, W-5, W-7, W-8, W-9, W-10, W-11, W-12, W-13, W-14, W-15, W-16, W-17, W-18, W-19, W-21, W-22, W-23, W-24.

ACTION: Member Aschwanden moved to approve the waiver consent calendar and the waivers on proposed consent, as recommended by CDE. Member Chan seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Molina, Rucker.

No votes: None.

Not present: Members Ramos, Molina.

WAIVER REQUEST CONSENT

Charter School Program (Attendance Accounting for Multi-Track)

Item WC-1

Subject: Request by Moorpark Unified School District for Ivy Tech Charter School to waive California Code of Regulations, Title 5, Section 11960(a), to allow the charter school attendance to be calculated as if it were a regular multi-track school (3 tracks; 175 days).

Waiver Number: 21-4-2011

(APPROVAL WITH CONDITIONS)

Charter School Program (Pupil Teacher Ratio)

Item WC-2

Subject: Request by Capistrano Unified School District to waive portions of California Education Code Section 51745.6, and California Code of Regulations, Title 5, Section 11704, and portions of Section 11963.4(a)(3), related to charter school independent study pupil-to-teacher ratios to allow an increase from 25:1 to a 27.5:1 pupil-to-teacher ratio at Capistrano Connections Academy Charter School.

Waiver Number: 31-3-2011

(APPROVAL WITH CONDITIONS)

Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item WC-3

Subject: Request by Fort Bragg Unified School District for Fort Bragg High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-61-2011

(APPROVAL)

Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item WC-4

Subject: Request by Shoreline Unified School District for Tomales High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-62-2011

(APPROVAL)

Federal Program Waiver (Carl D. Perkins Voc and Tech Ed Act)

Item WC-5

Subject: Request by Sutter Union High School District for Sutter Union High School for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Number: Fed-60-2011

(APPROVAL)

Other Waivers

Item WC-6

Subject: Request by Rescue Union Elementary School District to waive a portion of California Education Code Section 37223, which relates to weekend makeup classes.

Waiver Number: 20-3-2011

(APPROVAL WITH CONDITIONS)

Petition

Item WC-7

Subject: Petition request under California Education Code sections 60421(d) and 60200(g) for a renewal petition by Poway Unified School District to purchase specified non-adopted instructional materials for severely disabled children using Instructional Materials Funding Realignment Program monies.

Waiver Number: 58-4-2011

(APPROVAL)

School Construction Bonds (Bond Indebtedness Limit - Non-Unified)

Item WC-8

Subject: Request by Moreland Elementary School District to waive California Education Code sections 15102 and 15268 to allow the district to exceed its bonded indebtedness limit of 1.25 percent of the taxable assessed value of property. (Requesting 1.57 percent)

Waiver Number: 5-4-2011

(APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-10

Subject: Request by Jamestown Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code 52852, allowing one joint schoolsite council to function for two small schools: Chinese Camp Elementary School and Jamestown Elementary School.

Waiver Number: 22-3-2011

(APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-11

Subject: Request by Alview-Dairyland Union Elementary School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one joint schoolsite council to function for two small rural schools: Alview Elementary School and Dairyland Elementary School.

Waiver Number: 49-3-2011

(APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council)

Item WC-12

Subject: Request by Terra Bella Union Elementary School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, allowing one schoolsite council to function for two schools: Terra Bella Elementary School and Carl F. Smith Middle School.

Waiver Number: 19-3-2011

(Recommended for APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)

Item WC-13

Subject: Request by Madera County Office of Education under the authority of California Education Code Section 52863 for a waiver renewal of Education Code Section 52852, allowing three schoolsite councils to function for its small schools. The first schoolsite council would serve Challenger Elementary Community Day School and Discovery Secondary Community Day School. The second schoolsite council would serve Apollo Elementary Community Day School, Enterprise Intermediate School, Enterprise Secondary School, Endeavor Secondary School, and Voyager Secondary School. The third schoolsite council would serve Madera County Independent Academy and Pioneer Technical Charter School.

Waiver Number: 32-5-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item WC-14

Subject: Request by Pleasanton Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010–11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for one special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 18-4-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Non Public Agency (NPA) or School (NPS) Annual Renewal of Certification)

Item WC-15

Subject: Request by West Orange County Special Education Local Plan Area under authority of California Education Code Section 56101 to waive Education Code Section 56366.1(h), the August through October 31 timeline for an annual certification renewal application, for Speech and Language Professional Services, a nonpublic agency.

Waiver Number: 31-5-2011

(APPROVAL)

Special Education Program (Resource Teacher Caseload)

Item WC-16

Subject: Request by Santa Rita Union Elementary School District under authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100 to waive Education Code Section 56362(c), allowing the caseload of the resource specialist to exceed the maximum caseload of 28 students by no more than four students (32 maximum). Summer Prather is assigned to McKinnon Elementary School.

Waiver Number: 23-3-2011

(APPROVAL WITH CONDITIONS)

State Testing Apportionment Report (CAHSEE)

Item WC-17

Subject: Request by nine local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A) regarding the California English Language Development Test; or Title 5, Section 1225(b)(2)(A) regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A) regarding the Standardized Testing and Reporting Program.

Waiver Numbers: 11-3-2011, 19-4-2011, 27-3-2011, 28-4-2011, 35-3-2011, 38-3-2011, 41-4-2011, 114-1-2011, 203-12-2010.

(APPROVAL)

Proposed Waiver Consent Items

Equity Length of Time (Equity Length of Time)

Item W-4 General

Subject: Request by Tustin Unified School District to waive Education Code Section 37202, the equity length of time requirement for A. G. Currie Middle School (due to a longer day for intervention).

Waiver Number: 1-5-2011

(APPROVAL WITH CONDITIONS)

School District Reorganization (Elimination of Election Requirement)

Item W-5 General

Subject: Request by Lemoore Union High School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, which require a district-wide election to establish new trustee areas.

Waiver Number: 140-1-2011

(APPROVAL)

School District Reorganization (Size of Governing Board)

Item W-7 General

Subject: Request by Bass Lake Joint Union Elementary District to waive California Education Code Section 5020 that requires a district-wide election to reduce the number of governing board members from seven to five.

Waiver Number: 29-4-2011

(APPROVAL)

Schoolsite Council Statute (Number and Composition of Members)

Item W-8 Specific

Subject: Request by Bend Elementary School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small rural school, Bend Elementary School.

Waiver Number: 6-5-2011

(APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Number and Composition of Members)

Item W-9 Specific

Subject: Request by Taft Union High School District under the authority of California Education Code Section 52863 for a renewal waiver of Education Code Section 52852, to allow a reduction in the number and composition of members required for a schoolsite council for a small continuation high school, Buena Vista Continuation High School.

Waiver Number: 64-2-2011

(APPROVAL WITH CONDITIONS)

Schoolsite Council Statute (Shared Schoolsite Council with Reduced Number and Composition)

Item W-10 Specific

Subject: Request by Gerber Union Elementary School District under the authority of California Education Code Section 52863 for a waiver of Education Code Section 52852, allowing one joint school site council with a reduced number and composition to function for two small schools: Gerber Union Elementary School and Gerber Community Day School.

Waiver Number: 46-3-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-11 Specific

Subject: Request by Hayward Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for three special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 11-5-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Algebra I Requirement for Graduation)

Item W-12 Specific

Subject: Request by Manteca Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2010-11 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for one special education student based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 10-4-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-13 General

Subject: Request by Imperial County Office of Education to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Alejandra Larios Ramirez to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum requirements.

Waiver Number: 56-3-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-14

Subject: Request by Shasta County Office of Education for a renewal to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow Christina Coburn, Diana Davis, Aleah Nishizaki, Barbara Wolf, and Sarah Wood to continue to provide services to students until June 30, 2012, under a remediation plan to complete those minimum qualifications.

Waiver Numbers: 45-4-2011, 46-4-2011, 47-4-2011, 49-4-2011, and 50-4-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Extended School Year (Summer School))

Item W-15 General

Subject: Request by Mariposa County Office of Education to waive California Code of Regulations, Title 5, Section 3043(d), which requires a minimum of 20 school days of attendance of four hours each for an extended school year (summer school) for special education students.

Waiver Number: 16-4-2011

(APPROVAL WITH CONDITIONS)

Special Education Program (Use of Funds for Low Incidence Disabilities)

Item W-16 Specific

Subject: Request by East Valley, Fontana Unified, and San Bernardino City Unified Special Education Local Plan Areas under authority of California Education Code Section 56101 for a renewal to waive Education Code Section 56836.22(d) to allow ten percent of state low incidence funds to be utilized for the purchase of assistive technology/materials for assessment and trial use prior to purchasing specific items for specific identified students.

Waiver Number: 1-3-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-17 General

Subject: Request by Coachella Valley Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Cahuilla Desert Academy and Toro Canyon Middle School (requesting 24.9 student ratio on average in core classes in grades seven and eight at Cahuilla Desert Academy and 24.6 at Toro Canyon Middle School).

Waiver Number: 23-5-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-18 General

Subject: Request by Compton Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at McKinley Elementary School (requesting 25:1 ratio on average in core classes in grade five).

Waiver Number: 131-2-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-19 General

Subject: Request by Farmersville Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Snowden Elementary School, Freedom Elementary School, and Farmersville Junior High School (requesting 25:1 average in core classes in grades two through eight).

Waiver Number: 39-3-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-21 General

Subject: Request by Taft City School District to waive California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Lincoln Junior High School (requesting 23:1 ratio on average in core classes in grades six through eight, and 35:1 on average in non-core classes in grade six through eight).

Waiver Number: 53-4-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-22 General

Subject: Request by West Contra Costa Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at John F. Kennedy High School (requesting 24.5:1, 24.4:1, 24:1, and 21:1 ratio on average in core classes in grades nine, ten, eleven, and twelve).

Waiver Number: 121-2-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-23 General

Subject: Request by West Contra Costa Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010–11 school year at Helms Middle School (requesting 24.7:1 ratio on average in core classes in grade seven and 25:1 ratio in grade eight).

Waiver Number: 122-2-2011

(APPROVAL WITH CONDITIONS)

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-24 General

Subject: Request by San Diego Unified School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce their class sizes by an average of five students per class by the end of the 2010–11 school year at Roosevelt International Baccalaureate Middle School (requesting 20.9:1 ratio on average in core classes in grade six, 20.7:1 in grade seven, and 21.1:1 for grade eight).

Waiver Number: 16-5-2011

(APPROVAL WITH CONDITIONS)

END OF PROPOSED WAIVER CONSENT ITEMS

NON-CONSENT WAIVER ITEMS

Class Size Penalties (Over Limit on Grades 4-8)

Item W-1 General

Subject: Request by eight districts to waive portions of California Education Code Section 41376 (b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.

Waiver Numbers: 3-4-2011, 25-4-2011, 9-5-2011, 32-4-2011, 4‑5‑2011, 55-4-2011, 17-4-2011, and 86-2-2011

ACTION: Member Chan moved to approve the waiver with CDE’s recommended conditions. Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina.

No votes: None.

Not present: Member Ramos.

Recused: Member Rucker.

Class Size Penalties (Over limit on Kindergarten - Grade 3)

Item W-2 Specific

Subject: Request by three districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) and 41378 (a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers: 26-4-2011, 3-5-2011 and 27-5-2011

(APPROVAL WITH CONDITIONS)

ACTION: Member Aschwanden moved to approve the waiver with CDE’s recommended conditions. Member Molina seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina.

No votes: None.

Not present: Member Ramos.

Recused: Member Rucker.

Class Size Penalties (Over limit on Grades 1-3)

Item W-3 Specific

Subject: Request by San Jacinto Unified School District, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376 (a), (c), and (d) relating to class size penalties for grades one through three. For grades one through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Number: 7-5-2011

(APPROVAL WITH CONDITIONS)

ACTION: Member Aschwanden moved to approve the waiver with CDE’s recommended conditions. Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina.

No votes: None.

Not present: Member Ramos.

Recused: Member Rucker.

School District Reorganization (Lapsation of a Small District)

Item W-6 General

Subject: Request by Santa Barbara County Office of Education to waive portions of California Education Code sections 35576, 35782, and 35784 to allow removal of required timelines for the lapsation of a district and to provide a more equitable allocation of existing bonded indebtedness after lapsation.

Waiver Number: 14-4-2011

(APPROVAL WITH CONDITIONS)

ACTION: Member Aschwanden moved to approve the waiver with CDE’s recommended conditions. Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No votes: None.

Not present: Member Ramos.

School District Reorganization (Lapsation of a Small District)

Item WC-9

Subject: Request by La Grange Elementary School District to waive portions of California Education Code Section 35786 in its entirety, which requires a lapsation to be effective on the date of the lapsation order, and a portion of Education Code Section 35782, which requires a public hearing on lapsation to be conducted within 30 days of the close of the school year.

Waiver Number: 10-5-2011

(APPROVAL WITH CONDITIONS)

ACTION: Member Aschwanden moved to approve the waiver with the conditions recommended by CDE. Member Chan seconded the vote.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Molina, Rucker, Straus.

No votes: None.

Not present: Member Ramos.

Quality Education Investment Act (Class Size Reduction Requirements)

Item W-20 General

Subject: Request by King City Union School District to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act, that this funded school reduce its class sizes by an average of five students per class by the end of the 2010-2011 school year at Del Rey Elementary School and Santa Lucia Elementary School (requesting waiver of all Quality Education Investment Act class size reduction requirements).

Waiver Number: 52-4-2011

(Recommended for DENIAL)

No action was taken on this item; moved to September meeting.

Quality Education Investment Act (Money to Follow Identified Students)

Item W-25 General

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from Carver Middle School and Los Angeles Academy Middle School to follow identified students who will be transferring to one new school, Central Region Middle School #7 to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 34-10-2010

(Recommended for DENIAL)

This item was withdrawn by the district.

Quality Education Investment Act (Money to Follow Identified Students)

Item W-26 General

Subject: Request by Los Angeles Unified School District to waive California Education Code Section 52055.750(a)(9) regarding funds expenditure requirements under the Quality Education Investment Act in order to allow funds from San Fernando Middle School and Lincoln High School to follow identified students who will be transferring to San Fernando Institute of Applied Learning and Leadership in Entertainment and Media Arts to ensure that they will not lose the benefits of the Quality Education Investment Act.

Waiver Number: 71-10-2010

(Recommended for DENIAL)

The item was withdrawn by the district, to be rescheduled for the September 7-8, 2011, State Board of Education meeting.

regular CONSENT CALENDAR

The following items were proposed for the regular (non-waiver) consent calendar: 6, 8, 9, 10, 11, and 12.

ACTION: Member Rucker moved to approve the consent calendar items as recommended by CDE, with a technical correction to Item 12. Member Ramos seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Molina, Rucker, Ramos, Straus.

No votes: None.

Item 6

Subject: Inclusion of Middle School Dropouts in the Academic Performance Index – Adopt Amendments to California Code of Regulations, Title 5, Section 1039.1.

Item 8

Subject: Assignment of Numbers for Charter School Petitions.

Item 9

Subject: Approval of 2010-11 Consolidated Applications.

Item 10

Subject: State Instructional Materials Fund – Approve Tentative Encumbrances and Allocations for Fiscal Year 2011-12.

Item 11

Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.

Item 12

Subject: School Accountability Report Card: Approval of the 2010–11 Template.

END OF CONSENT CALENDAR

Item 13

Subject:  PUBLIC COMMENT. 

Public Comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

No action was taken on this item.

***ADJOURNMENT OF DAY’S SESSION***

Public Session

July 14, 2011

CLOSED SESSION

There was no Closed Session.

Item 14

Subject:  Update on and Discussion of the Activities of the California Department of Education and State Board of Education Regarding Implementation of the Common Core State Standards.

No action was taken.

Superintendent’s Report

No action was taken.

Item 15

Subject: STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; update on litigation; bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest.

ACTION: Member Williams moved to reappoint the following members of the Advisory Commission on Charter Schools and allow them to continue serving out their current two year terms ending on December, 31, 2012:

1. Vicki Barber, County Superintendent of Schools, El Dorado County, representing county superintendents;

2. Brian Bauer, Executive Director, Granada Hills Charter High School, representing charter school principals;

3. Gary Davis, representing parents; and

4. Curtis Washington, teacher, San Mateo Union High School District, representing teachers.

Member Williams also moved to appoint the following new members to serve the remainder of 2011 and to begin to serve a two year term ending December 31, 2013:

1. Kelly Kovacic, teacher, The Press Charter School, representing teachers;

2. John Porter, Superintendent, Franklin McKinley School District, representing  superintendents;

3. Mark Ryan, Superintendent, Oakland Military Institute, representing charter school administrators; and

4. Christopher Thomsen, Member, Sequoia Union High School District Governing Board, representing board members.

Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Member Ramos

ACTION: Member Chan moved to appoint Maureen Burness and Susan Martinez to serve a four year term on the Advisory Commission on Special Education. Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Member Ramos.

ACTION: Member Chan moved to adopt the draft minutes for the July 2010; August 2, 2010; August 24, 2010; September 2010; November 2010; December 2010; January 2011; February 2011; March 2011, April 21, 2011; and May 2011.

Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Ramos, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No vote: None.

Item 16

Subject:  Review of Chronic Absence Data in Early Grades to Reduce the Number of California Dropouts.

No action was taken on this item.

Item 17

Subject:  Proposed Formation of the Bonsall Unified School District from the Bonsall Union School District and that Portion of the Fallbrook Union High School District in San Diego County.  

ACTION: Member Strauss moved to move the unification process forward, to allow Bonsall Unified School District to conduct and fund the CEQA study upon approval of Bonsall’s governing board, with the understanding that the full issue may return to the SBE at a future date.

Member Chan seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Member Ramos

***PUBLIC HEARINGS***

Item 18

Subject: Kingsburg Elementary Charter School District: Consideration of Petition to Renew Districtwide Charter.

ACTION:  Member Chan moved to renew the Kingsburg ECSD charter renewal petition for a five-year charter term beginning July 1, 2011, and ending June 30, 2016, with the following provisions recommended by CDE:

• Modifications to the charter in accordance with the CDE report as set forth in detail in Attachment 1 and as follows:

o Health and Safety Procedures, EC Section 47605(b)(5)(F): revisions to health and safety procedures to include the requirement that volunteers and contractors, in addition to employees, will submit a tuberculosis test and periodic testing thereafter.

Member Strauss seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Member Ramos

Item 19

Subject:  California College, Career, and Technical Education Center: Consider Issuing a Notice of Violation Pursuant to Education Code Section 47607(d).

ACTION:  Member Aschwanden moved to approve CDE’s recommendation to issue a Notice Violation pursuant to Education Code (EC) Section 47607(d) to the California College, Career, and Technical Education Center (CCCTEC). Member Rucker seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Kirst, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Member Ramos

***END OF PUBLIC HEARINGS***

Item 20

Subject:  Request for Proposals, Evaluation of California’s Public Charter Schools Grant Program, 2010-2015.

ACTION: Member Chan moved to approve the Request for Proposals (RFP), Evaluation of California’s Public Charter Schools Grant Program (PCSGP), 2010–2015, to be amended to include a focus on an evaluation of CDE’s administration of the grant in the “Purpose” section, and in other relevant areas of the grant.

Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Members Kirst, Ramos

Item 21

Subject:  Charter Renewal: Approve Commencement of Third 15-Day Public Comment Period for Proposed Changes to the California Code of Regulations, Title 5, sections 11966.5, and 11967.

ACTION: Member Chan moved to adopt CDE’s recommendation to take the following actions:

• Approve the proposed changes to the proposed regulations;

• Direct that the proposed changes be circulated for a third 15-day public comment period in accordance with the Administrative Procedure Act;

• If no relevant comments to the proposed changes are received during the third 15-day public comment period, the proposed amendments with changes are deemed adopted, and the CDE is directed to complete the rulemaking package and submit it to the Office of Administrative Law (OAL) for approval and provide an update of the status at the SBE’s next regularly scheduled board meeting;

• If any relevant comments to the proposed changes are received during the third 15-day public comment period, the CDE is directed to place the proposed regulations on the SBE’s September 2011 agenda for action; and

• Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file.

Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Williams, Straus, Molina.

No vote: Member Rucker.

Not present: Members Kirst, Ramos

Item 22

Subject:  Charter Revocation and Revocation Appeals – Approve Commencement of a Third 15-Day Public Comment Period for Proposed Amendments to California Code of Regulations, Title 5, sections 11965, 11968.1, 11968.5.1, 11968.5.2, 11968.5.3, 11968.5.4, 11968.5.5, and 11969.1 and Authorize a Request to the Office of Administrative Law for an Extension of the 120-Day Deadline to Resubmit the Rulemaking File.

ACTION: Member Rucker moved to adopt CDE’s recommendation to take the following actions:

• Approve the proposed changes to the proposed regulations;

• Direct that the proposed changes be circulated for a third 15-day public comment period in accordance with the Administrative Procedure Act;

• If no relevant comments to the proposed changes are received during the third 15-day public comment period, the proposed regulations with changes are deemed adopted, and the CDE is directed to complete the rulemaking package and resubmit it to the Office of Administrative Law (OAL) for approval;

• If any relevant comments to the proposed changes are received during the third 15-day public comment period, the CDE is directed to place the proposed regulations on the SBE’s September 2011 agenda for action; and

• Authorize the CDE to take any necessary ministerial action to respond to any direction or concern expressed by the OAL during its review of the rulemaking file.

• Authorize the CDE to submit a request to OAL extending the 120-day timeline for resubmission of the rulemaking file because the 120-day time period will expire on July 23, 2011.

Member Cohn seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Members Kirst, Ramos

Item 23

Subject:  Consideration of Requests for Determination of Funding Rates as Required for Nonclassroom-based Charter Schools for Ecademy California, Shenandoah Charter, William Finch Charter, Innovations Academy, and Charter School of San Diego.

ACTION: Member Aschwanden moved to approve the requests as recommended by the CDE and the Advisory Commission on Charter Schools (ACCS). Member Rucker seconded the motion.

Yes votes: Members Aschwanden, Chan, Cohn, Williams, Straus, Molina, Rucker.

No vote: None.

Not present: Members Kirst, Ramos

Item 24

Subject: Consideration of Requests From Nonclassroom-based Charter Schools for “Reasonable Basis”/Mitigating Circumstances Changes in Funding Determinations Based on the California Code of Regulations, Title 5, Section 11963.4(e) for Academy of Personalized Learning, Golden Valley Virtual Charter, California Virtual Academy Los Angeles, Mark West Charter, Merced Scholars Charter, Mountain Peak Charter, Independence Charter and Sherman Thomas Charter.

ACTION: Member Rucker moved to approve 100 percent of funding requests as recommended by CDE (as detailed in Attachment 1 for Item 24). Member Molina seconded.

Yes votes: Members Aschwanden, Chan, Cohn, Williams, Straus, Molina, Rucker.

No votes: None.

Not present: Members Kirst, Ramos

***ADJOURNMENT OF MEETING***

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